Latest Post

Penal Code, 1860 (IPC) — Sections 302, 449, 376, 394 — Appeal against High Court’s upholding of conviction and sentence — Case based on circumstantial evidence — Absence of direct evidence connecting appellant to offense — Falsely implicated — Prosecution failed to establish guilt beyond reasonable doubt — No scientific evidence linking appellant — Important witnesses not associated in investigation or produced in court — Appeal allowed, conviction and sentence set aside. Negotiable Instruments Act, 1881 — Section 138 — Dishonour of cheque — Quashing of proceedings — Cheques issued as security and not for consideration — Memorandum of Understanding (MOU) clearly stated cheques were for security purposes to show banks and not for deposit — Complainant failed to read the complete terms of MOU in isolation and misinterpreted it to claim cheques were converted into debt — Court empowered to consider unimpeachable documents at pre-trial stage to prevent injustice — Complaints under Section 138 NI Act liable to be quashed. Insurance Law — Fire Insurance — Accidental Fire — Cause of fire is immaterial if the insured is not the instigator and there is no fraud. The objective of fire insurance is to indemnify the insured against loss by fire. Tender Conditions — Interpretation — Ambiguity — The terms of a tender must be clear and unambiguous — If a tendering authority intends for a specific document to be issued by a particular authority, it must be clearly stated in the tender conditions — Failure to do so may lead to rejection of the bid being deemed arbitrary and dehors the tender terms. Public Interest Litigation (PIL) — Environmental Protection — Monitoring Committee — Powers and Scope — A PIL was filed concerning environmental issues in Delhi, leading to the appointment of a Monitoring Committee. The Supreme Court clarified that the committee was appointed to prevent misuse of residential premises for commercial purposes and not to interfere with residential premises used as such. Their power was limited to making suggestions to a Special Task Force regarding encroachments on public land, not to summarily seal premises.

IMP : Cancellation of the award of tender in favour of the applicant, the audi alteram partem rule were breached in its entirety.  HELD  writ petition under Article 226 of the Constitution is maintainable at the instance of an aggrieved party to enforce a contractual obligation of the State or its instrumentality when the State acts in an arbitrary manner.

Cancellation of the award of tender in favour of the applicant, the audi alteram partem rule were breached in its entirety.  HELD  writ petition under Article 226 of the Constitution…

Service Matters

Service Law – Appointment – Contractual employees – Post of Computer Operator – No regular sanctioned post – High Court has committed a grave error in passing such an interim order restraining the appellant Corporation from appointing new set of contractual employees in place of original writ petitioners

SUPREME COURT OF INDIA FULL BENCH RAJASTHAN STATE ROAD DEVELOPMENT AND CONSTRUCTION CORPORATION LIMITED — Appellant Vs. PIYUSH KANT SHARMA AND OTHERS — Respondent ( Before : Ashok Bhushan, R.…

Cr P C, 1973 – Section 167(2) – Default bail – Right of – No other condition of deposit – Where the investigation is not completed within 60 days or 90 days, as the case may be, and no chargesheet is filed by 60th or 90th day, accused gets an “indefeasible right” to default bail

SUPREME COURT OF INDIA FULL BENCH SARAVANAN — Appellant Vs. STATE REPRESENTED BY THE INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

Shared household means where person aggrieved has lived at any time in domestic relationship either singly or with respondent – The household may be a joint family or jointly tenanted irrespective of title or ownership of property. “Right to reside in shared household” – The aggrieved has right to reside in shared household property continues until she proves that she is a victim of domestic violence,

SUPREME COURT OF INDIA FULL BENCH SATISH CHANDER AHUJA — Appellant Vs. SNEHA AHUJA — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. ) Civil…

POSCO – -Victim aged 15 years at the time of deposition is matured – Even there can be a conviction based on the sole testimony of the victim, however, she must be found to be reliable and trustworthy – Sole testimony of the victim is absolutely trustworthy and unblemished and her evidence is of sterling quality

SUPREME COURT OF INDIA FULL BENCH GANESAN — Appellant Vs. STATE REPRESENTED BY ITS INSPECTOR OF POLICE — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy and M.R. Shah,…

You missed